Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-01-13
AN INFAMOUS mEAsURE.
rhe Te1ure-ofOacs Act. One OF the Re
mains OF Republican Abuses. Strieksl
from rf.a St9tute Books

The passage by the Senate Of the bill
repeating the Tenure-of-Ofiice act
terminates usurpation by that body
which has extended over a. period of
nearly twenty years. Under that iaw
the power of removal was taken from
the President and lodged in the Senate,
and though the act has not been at all
times enforced it has served at inter
vals as refuge for the feudal lords of
the Senate when they saw fit to set
| themselves up as a superior to the
Chief Magistrate.
This act was passed in 1867 by
Congress containing Republican ma
jority of more than two-thirds and was
designed to keep in office the Repub-
leans of whom Andrew johnson
sought to rid himself Johnson's
break with his party, which had hardly
yet become warm in the offices, pre-
cipitated fractional quarrel of unex-
ampled bitterness. His policy was not
the policy of the great party chiefs wSo
not long before had doubted the wis
dom of re-electing Lincoln, lest he, too,
might develop ideas not in harmony
with those of the more extreme
members of his party, and to pre-
vent his carrying it out all the en-
ergies Of the organization were direct
ed. The possession Of the offices being
as important Il matter in the estima-
ton of the various leaders as any other,
they passed the Tenure-of- Office act in
1867, for the purpose of depriving the
President Of the power of making
oh N off
of the Senate. As it stood originally
this act practically took from the Pres
ident his constitutional powers and
lodged them in the Senate. Without
its consent he could not even remove
an official who was incompetent, cor
rupt or neglected.. Except by its per-
mission he could not change his own
Cabinet. 1t was intended to shackle
an executive officer who could not 9TH
erwise be controlled. II he would not
obey the wishes of the party which had
elected him that party, having abso-
lutte control of both branches of Con-
gress, would deprive him OF the ability
to execute the Office which had been |
conferred upon him. Mr.. johnson
vetoed the act, but it became law |
by the two-thirds vote OF partisan |
Congress and thus the usurpation be- !
gan.
For the violation of this law MIR. |
johnson was impeached, and in its |
support q great party, mindful only Of |
partisan advantage and the spOils of /
Office, fixed in American history = page |
as dark as any that is to be found there. |
But for the removal by Mr.. johnson Of |
Secretary of War Stanton and the ap-
pointment of General Lorenzo Thomas |
rs Secretary al interim it is not likely |
that the impeachment proceedings
would have been undertaken. Every
thing else depended upon the mainte-
nance ID these charges, and as they !
failed all else failed. The fury
of party-might he depended upon
to pass laws overriding the con-
stitution and degrading the Pres !
identiai Office to the level Of , /
appendage, but when it WAS
proposed as q penalty for the violation [
VI such laws to depOse the President !
and put in his place a chieftain who
could have no legal right to the place
there was revolt on the part Of several /
the country was spared the browning
infamy Of witnessing the disposition If
q Chief Magistrate whose principal
offense had been the observance Of his |
oath to support the constitution and
transmit his Office unimpaired to his
successors.
immediately on the Inauguration Of
General Grant the party necessity Of
Office act disappeared. Both
houses of Congress were Republican,
as was the Executive Department, and
one of the first acts of the House of
Representatives was to pass a bill re-
pealing the laws which had been passed
for the purpose of Stacking Johnson.
But the Senate, having tasted blood,
was not prepared thus early TO relin
qIIish the power which it had usurped.
1t failed to act on the House bill. In
his first message President Grant, who
in Johnson's day had supported the
Tenure-of-O Office bill, attacked it in I'M
measured terms. saying that lit was
incompatible with a faithful and effi- |
Gent administration of the Govern
ment." Later on the House once |
this time voting more than six to one |
in favor of its annulment. The Senate |
again refused to concur. 1t had gained |
the upper hand of the President, and it |
was not willing to retreat from its posi- |
ton. Forty years before this Web |
ster. Clay and Calhoun had fought |
the same battle with Andrew |
Jackson and had failed. The |
advantage gained as against johnson
WAS not to be abandoned without a !
struggle. The law might be permitted |
to fall into allegiance during the adj